Nicholson v Minister of Defence (85840/2015)
Nicholson v Minister of Defence (85840/2015) [2024] ZAGPPHC 600 (7 June 2024)
The court found that the expert reports submitted by both parties were stale and did not constitute the best available evidence to assess the plaintiff's current psychiatric condition and quantum of damages. The absence of agreement between the parties on the expert evidence further precluded determination of quantum on the papers. In the interests of justice and to avoid the risk of over- or under-compensation, the court granted the plaintiff's request to refer the matter for oral evidence from the relevant experts.
Source excerpt
- Vicarious Liability
- Quantum Of Damages
- Psychiatric Injury
- Expert Evidence
- Stale Expert Reports